Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1887-07-14

i do, or omts to be done, any thing in violation
OF the provisions of this act it shall be the duty
cause copy of its findings IN respect thereto
| to be delivered to such common carrier with q
| notice to such common carrier to cease OF
des1st from such violation wit hin a reasonable
| time to be specified by such Railro ad CommiS
| sioners
| specified in Section p OF this act shall allege
| that unreasonable charges are made by any
| railroad company or companies subject to the
provisions of this act, for the transportation
| of any freight thereby, or that the rates speci
| fed upon the schedule or schedules of rates
| made by such railroad company or companies,
| unjust, unreasonable or extortlonate, 1t shall
| be the duty of the Board of Railroad Commits
of an mon
| hearing there appears to said board to be
reasonable grounds for believing that the facts
SO alleged are true, and If, in the opinion of the
board the public good will be promoted
| by an examination thereof, to give
20 Winch spoh
| shall have been made OF the fact and
| nature thereof, and shall specify in such notice
| the charges by it made, and the rates specified
| upon its schedules which are alleged to be I'M
| just. unreasonable and extortionate. Such
notice shall DE attested by the secretary of said
| board under the seal thereof and shall be
served upon the railroad company or companies
| against which such complaint is made by deliv-
ering copy thereof at the general office of such
| railroad company or companies to any person
in charge thereof or to any agent thereof at any
| depot or station thereof or on any road which
| is operated, by such railroad company, by any
| messenger appointed by said board who would
| be a competent witness in suit at law in
| this State, or by any officer authorized to
| serve process, or by sending the same by reg
| istered letter TO such railroad company or COM
| panies at such general office, or to any such
agent having charge of such depot or station
! as aforesaid,
| SEC. IS. (5). If such common carrier shall
not, within ten days after the service of such
= n
| charges or rates specified in such notice in a
| manner and to an extent satisfactory to said
anime said complaint, and for that purpose
making, SN and A0 against whom D'i IS
be served provided for the services of notices
aforesaid, wherein it shall require said COM
| mon carrier to show cause before said board at
any place within this State in said notice speci-
! fed, and upon date not less than ten days
after the service thereof. why said charges or
| rates should not be modified or changed.
SEC. 10. (c). That il upon such eXamina-
| ton it shall appear to said board upon a full
that the facts therein alleged are true, and that
changed IA or modified f then said board
/ records thereof, find and determine what
would be reasonable and just charges or rates
| for the transportation by such common carrier
such charges or rates complained of were
| made; and certified copy of such finding and
OTCcT SO maze unuer the seal OF Salu DOaru, al
| tested by the secretary thereof, shall be de-
| livered to the complanants and such common
| carrier against which such complaint is made,
by registered letter or otherwise, may be pre-
| scribed by the rules of said board. The rates
or charges so found and determined by said
CERTIFIED as s6 6aRy in ang
| and all proceedings wherein is involved
| the reasonableness and business of the rates
and charges of such common carriers be prima
| facie evidence that the same are reasonable
and Just. Such order may be revoked or
modified and renewed from time to time by
| said board, but no revocation or modification
thereof shall INTO effect until ten days after
the order therefor shall be made.
SEC. II. Where the complaint involves
either private or public question as afore-
said, and the commissioners have made a
thereto, and where such common carrier or
the proper officer agent employe thereof
shall violate, refuse neglect to obey any
such order or requirement., it shall be the duty
of the commissioners and lawful for any per-
son or company interested in such order or re-
quirement to apply in summary way, by pc
tition to any Circuit Court of any county in this
State or through which the line of railway of
the said common carrier enters or runs alleg-
ing such violation or disobedience, as the case
may be; and the said court shall have power to
hear and determine the matter on such short
notice to the common carrier complained of
And such notice may be served
on such common carrier Its officers, agents or
servants in such manner as the court may di-
rect: and said court shall proceed to hear and
determine the matter speedilyin such manner
as to do justice in the premises and to this end
said court shall have power. if it thinks fit, to
direct and prosecute, in such mode and by such
persons as it may appoint all such inquiries
as may seem needful to enable it to form a lust
judgment in the matter of such petition. On
such hearing the report of said commissioner
shan be prima facie evidence of the matters
therein stated: and if it be made to appear to
the court on such hearing, report
of such persons appointed as aforesaid, that
the lawful orders or requirements OF such
commissioners drawn in question have been
violated or disobeyed, it shall be lawful for
such court to issue writ of injunction or
other proper process, mandatory or otherwise,
to restrain such common carrier from further
continuing such violation of such order or re-
quirement of said commissioners and enjoin
obedience to the same. If such court shall hold
and decide that any order of said Board ofRail-
road Commissioners involved in such proceed
ing was not lawful order. said court shall,
without any reference to the regularity or legal
ity of the proceedings of said board or of the
order thereof, proceed to make such order as
the said board should have made, and to en-
force said order by the process of said court
and to enforce and collect the forfeitures and
penalties herein provided in all respects &C
of any disobedience of any such injunction or
other proper process, mandatory or otherwise,
it shall be lawful for such court to issue writs
of attachment or other proper process OF said
court incident or applicable to writs of injunc-
ton or other proper process mandatory or 9th
erwiSe against such common carrier; and il a
corporation, against one or more of the
directors, officers or agents of the same. or
against any owner. lessee, trustee, receiver or
other person failing to obey such writ of in
junction other process, mandatory or
otherwise; and said court may make an order
directing such common carrier or other person
so disobeying such writ of injunction other
proper process, mandatory or otherwise. to pay
rer or person in default the sum of one hundred
dollars per day for every day. after day to be
named if the order that such carrier or other
person shall fail to obey such injunction or
other proper process. mandatory or otherwise,
and such money shall be payable to the school
fund of the county in which such proceeding is
prejudice to any other mode of recovering
the. same, be esou enforced by attach,
Of fa writ of execution in like manner as if the
same had been recovered by final decree in per
pute shall be of the value of 800, or more,
either party to such proceedings before such
court may appeal to the proper appellate court
in the State in the same manner that appeals
are taken from such courts in this State in
other proceedings involving like sums of
court or the execution of any writ or
process thereon. unless stay of proceed
the appeal is taken, or by the appellate court
to which the appeal is taken, upon the applica-
such Ueton sbai be ed by the any
ers aforesaid, it shall be the duty of the At
torney General, when requested by said COM
missoners, to prosecute the same. All pro-
ceedings commenced upon such petition shall.
upon application of the petitioner, be advanced
upon the docket and take precedence of any
inal cases. The cost Of such proceedings may
be, with the approval OF the Attorney
General and Governor of the State, or
when such suit is brought by any private per-
son, and when brought by said commissioners,
shall be ordered by the commissioners to be
paid. in the first instance, out of any money in
the treasury not otherwise appropriated: and
il upon final hearing the decision is against the
said common carrier or other person against
whom the proceeding is being prosecuted. such
common carrier or person shall be liable for the
costs, for which judgment may be rendered in
anv other case